The filing was merely the opening salvo in what promises to be a fierce fight.
Republican presidential nominee former President Donald Trump speaks at a campaign rally in Bozeman, Mont., Friday, Aug. 9, 2024. Federal prosecutors and lawyers for former President Donald Trump filed dueling proposals Friday night about how to move forward in the case accusing him of plotting to overturn the 2020 election in light of the Supreme Court’s landmark ruling on presidential immunity and other legal issues.
The prosecutors told Chutkan that they believe the immunity ruling “does not apply” to the revised charges they have brought against Trump and were prepared to submit a filing explaining their position “promptly at any time the court deems appropriate.” Trump’s lawyers also said that they might seek to have the election case thrown out by arguing that prosecutors overreached when they used a federal obstruction statute to accuse Trump of disrupting the certification of the election at a proceeding at the Capitol on Jan. 6, 2021.
As part of their decision, the justices also gave Chutkan a daunting and complicated task. They ordered her to sift through the indictment’s many allegations and toss out any that arose from the core duties of Trump’s presidency — like his exercise of the pardon or veto powers — while retaining those that emerged from purely unofficial or private acts.
Neither side suggested Chutkan should hold an expansive public hearing to determine which parts of the indictment were based on official acts and which were not. Several legal experts and commentators seized on that notion as the prospect of a formal trial on the election charges grew dimmer, suggesting that Smith might ask for a major hearing so that he could air in a public forum some of the evidence he had collected against Trump.
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